209 order 1331 (Consolidation)

209 Highest 2197 (Joints)

Residence

Reference domicile

The charge of fraud on the instant case is not guilty

[The president of a school foundation for the maintenance and management of A secondary schools and Ahigh schools with 209dan706] is the child of the president of a school foundation for the purpose of the maintenance and management thereof. From March 2005 to June 11, 2008, a school foundation has no particular occupation after retirement from office.

Since 5-6 years ago, the Defendant was under severe pressure from creditors due to a large amount of debt up to KRW 1 billion that occurred while engaging in a personal business, and he was able to receive money and valuables from the victims and to use them for debt repayment, etc. by taking advantage of the fact that he/she was out of the president of the said Amateur.

However, even at the time of the work of the administrative office, the Defendant was engaged only in simple duties, and did not have been engaged in important duties such as the employment of teachers. At this time, it was not possible to exercise any influence in relation to the employment of teachers in the status of retirement from the Aschool. In addition, the said Aschool did not have any plan to employ new teachers to take charge of science, technology, home subjects, sports and English subjects of A secondary school, A high school, and there was no intention or ability to allow the Defendant to be employed as a regular teacher even if the Defendant received any money from the victims as a consideration for the employment of teachers in the above subjects.

1. On October 30, 2008, the Defendant: (a) around 5, 2008, in order to employ the victim’s identity as a scientific teacher for Amiddle School Science, the Defendant was required to prepare for KRW 70 million; and (b) made a false statement to the effect that, by the end of December 2008, the Defendant would have his wife employed as a scientific teacher for A Middle School Science.

The Defendant, by deceiving the victim as such, acquired the pecuniary benefits equivalent to KRW 20 million from the victim, including the sum of KRW 50 million on the same day, KRW 20 million on Nov. 5, 2008, and KRW 14,00 million on Nov. 14, 2008, and KRW 50 million on Nov. 12, 2008, and acquired the pecuniary benefits equivalent to KRW 12 million on Nov. 12, 2008.

2. On October 31, 2008, the Defendant: (a) around October 31, 2008, donated KRW 130 million as the Foundation Development Fund in order to employ the husband of a party as a sports teacher of a high school; (b) on the one hand, the Defendant made a false statement to the effect that the husband would be employed as a sports teacher of a high school.

As such, the Defendant, by deceiving the victim, obtained 30 million won on the same day from the victim, and obtained 100 million won cashier’s checks from the Defendant (the check number 4785815), and acquired 130 million won in total from the victim.

3. On November 13, 2008, the Defendant served in a coffee shop in the Eastern Zone, and served in a foundation with the son of the president of the A Foundation "the victim". The Defendant made a false statement to the effect that he/she would employ his/her father/child as a teacher of A Middle School Technology and Family Teachers.

As such, the Defendant, by deceiving the victim and deceiving the victim, received money of KRW 70 million from the victim on November 14, 2008 to the above account under the name of the defendant and acquired by fraud.

4. On November 20, 2008, the Defendant made a false statement to the effect that, in a coffee shop, the Defendant would employ the victim as a regular English teacher of a private teaching institute, KRW 80 million in order to employ the victim as a regular English teacher of a private teaching institute. In preparation for the said money within one week, the Defendant made a false statement to the effect that he would be employed as a English teacher of a A secondary school or Ahigh school belonging to a private teaching institute.

As such, the Defendant, by deceiving the victim, received money from the victim to the Defendant’s account on November 26, 2008 and acquired money of KRW 80 million from the victim.

5. On December 21, 2008, the Defendant: (a) at the hotel coffee shop located in Daegu around December 21, 2008, the Defendant: (b) “The victim wishing to be employed as an English teacher of a Korean Institute of Arts by two his father; (c) obtained the consent of the father at the same time to employ the teacher; and (d) obtained the approval from the Office of Education from the office of Education. In order to employ two married children as a teacher, the Defendant made a false statement to the effect that the two married children would be employed as an English teacher of a Korean Institute of Education.”

On December 29, 2008, the Defendant, by deceiving the victim, obtained the cashier’s checks from the office of the above AAH on December 29, 2008 and acquired them by deceit.

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6. There is no plan to employ a new chemical teacher at all, and even if the defendant receives money or valuables from the victim upon the victim's request from the victim to employ a chemical teacher at the above AD Institute, there was no intention or ability to perform it.

Nevertheless, on August 2008, the Defendant made a false statement to the effect that he would have a child employed as a chemical teacher of A secondary high school by preparing for KRW 70 million to the victim, and that he would have a child employed as a chemical teacher of A secondary high school. Accordingly, the Defendant obtained two copies of the check of KRW 50 million and KRW 10 million from the said victim’s office of A private teaching institute.

[209 Highest 2197]

7. Around May 2005, the Defendant did not have paid in cash in the amount of KRW 6.9 million. After two hours, the Defendant borrowed a house to a household account only at the time of transfer to another account. However, at the time, the Defendant did not have any intent or ability to repay the amount within two hours. As such, the Defendant by deceiving the victim and received KRW 6.9 million from the victim, namely, from the victim.

Summary of Evidence

[209 Highest 706]

1. Defendant's legal statement;

1. A copy of the Nong AF sheet, a copy of the results of the Nong AF transfer management, a copy of the Daegu Bank remittance slips, and a copy of the confirmation of the details of transactions of a national bank.

【209 Highest 1331】

1. Defendant's legal statement;

[209 Highest 2197]

1. Partial statement of the defendant;

1. Application of the police's protocol of statement concerning the defendant's protocol of interrogation

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

2. Selection of penalty: Selection of imprisonment with prison labor;

3. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

The not guilty portion (the fraud of the victim's neighboring house)

1. Summary of the facts charged

On August 14, 2004, the Defendant obtained permission for the establishment of a golf range and filed a request for design on the land located within Daegu-gu Seoul-gu Seoul-gu-gu-type-type-type-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based--based-based-based-based-based-based-

2. Determination

In light of the defendant's statements, legal statements, etc. in this court and investigative agency, the defendant had already obtained ‘the permission for establishment of a golf range'. â……………………‘ there is no interest of 15 million.

In addition, according to the above evidence, the defendant has made a lot of efforts to establish a golf practice range and paid considerable expenses. In light of such fact, the defendant seems to have been able to obtain permission to establish a golf practice range, and there is no evidence to acknowledge that the defendant himself/herself is not able to obtain permission to establish a golf practice range while recognizing the fact that he/she cannot obtain permission to establish a golf practice range.

Furthermore, it seems that the defendant had sufficient means to repay the above money at the time of borrowing, and there is no evidence to prove that the defendant was unable to repay the above money at the time of borrowing.

3. Conclusion

Therefore, the fraud of the facts charged in this case constitutes a case where there is no proof of the crime, and thus, it is decided as per Disposition by the latter part of Article 325 of the Criminal Procedure Act.

The main reasons for sentencing are the external mother of the chief executive officer of the private middle and high school foundation, taking advantage of the status as the external mother of the chief executive officer of the private middle and high school foundation, in that he/she acquired a relatively large amount of money from many victims under the pretext of appointment of a teacher who is not able to exert any influence on him/her, such crime is very bad, and since no recovery of damage has been made until now, it seems that the suffering of victims is reasonable: Provided, That the defendant has no other history of punishment except for the defendant who was sentenced once to a fine due to the violation of the Road Traffic Act, and the victims also have taken into account